‘How Can This Exist In 2025?’: Supreme Court Puts Talaq-e-Hasan Under Scrutiny
Questioning how such a practice could survive in 2025, Justice Kant added: “What kind of thing is this? How are you promoting this in 2025?"
- Supreme Court questions Talaq-e-Hasan's validity, calling it discriminatory.
- Court may abolish practice due to potential violation of rights.
- Journalist's PIL challenges Talaq-e-Hasan as unconstitutional procedure.
The Supreme Court on Wednesday signalled that it may consider abolishing Talaq-e-Hasan-a form of triple talaq through which a Muslim man can divorce his wife by uttering “talaq” once a month for three consecutive months. Calling the practice “gross discriminatory”, the Bench expressed strong reservations while hearing a 2022 PIL filed by journalist Benazeer Heena, who has challenged the procedure as arbitrary, irrational and violative of Articles 14, 15, 21 and 25 of the Constitution. The court indicated that it may need to step in, given the wider social impact of the practice.
Supreme Court Questions Talaq-e-Hasan
The Bench of Justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh observed that if a practice is found to be fundamentally unfair, the court is duty-bound to intervene. “Society at large is involved. Some remedial measures have to be taken. If there are gross discriminatory practices, then the court has to interfere,” Justice Kant said, as quoted by Bar and Bench.
Questioning how such a practice could survive in 2025, Justice Kant added: “What kind of thing is this? How are you promoting this in 2025? Whatever best religious practice we follow, is this what you allow? Is this how the dignity of a woman be upheld? Should a civilised society allow this kind of practice?”
The Bench also signalled that the issue may be referred to a five-judge bench, asking all parties to submit notes outlining the broad questions requiring consideration.
PIL Filed By Journalist Benazeer Heena
Heena’s petition challenged Talaq-e-Hasan as unconstitutional and sought gender-neutral, religion-neutral guidelines for dissolving marriages. She alleged her husband had issued a Talaq-e-Hasan notice through a lawyer over dowry-related disputes, while her in-laws had allegedly harassed her.
Justice Kant highlighted that unlike the petitioner, many women do not have access to legal remedies. “Today we have a journalist before us. What about those unheard voices living in remote areas?” the Bench remarked.
The advocate representing Heena’s husband argued that appointing someone to send a Talaq-e-Hasan notice is a recognised Islamic practice. Justice Kant, however, questioned why the husband could not communicate directly with his wife.
Counsel for Heena submitted that due to the manner in which the notice was issued, she is unable to prove she is divorced, even though her husband has since married again.
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